Terms and Conditions

 Last updated 1 October 2024

• These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information. Please also read our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. It also sets out information about the cookies on our site. 
• By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.
• The website www.joyouschocolate.co.uk (“our site”) is a site operated by Joyous Chocolate, 1 Golden Court, Richmond, Surrey, TW9 1EU

1. Use of our website

1.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

1.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

1.3 You are responsible for making all arrangements necessary for you to have access to our site.

1.4 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

1.5 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

2. Your account and password

2.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

2.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

2.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@joyouschocolate.co.uk

3. Intellectual property rights

3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

3.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

3.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. No reliance on information

4.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

4.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

5. The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

6. Acknowledgement of your order

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us. 

7. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Joyous Chocolate.Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

8. Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. 

9. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

10. Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order. 

11.  Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

12. Price

The prices payable for goods that you order are as set out on our website. As a small business, prices are not subject to VAT rates and are correct at the time of entering information. 

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

13. Payment terms

We will take payment upon receipt of your order from your credit or debit card, or PayPal. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

14.  Nutrition and Dietary Information

14.1  Although not all products contain nut, dairy and gluten, all products we sell may have been made in the same location as nut, dairy and gluten products. Therefore unfortunately we cannot guarantee that any products we sell are free of allergens. 

14.2 We display nutritional information and allergen information on our website against each product sold. We do not guarantee the information provided or assume any liabilities. We encourage customers to check the nutritional information on each products packaging before consumption. 

15. Delivery

15.1 Our delivery charges are set out in the FAQ section of our website.

15.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. 

15.3 Please note that we are only able to deliver to addresses within the United Kingdom.

15.4 Delivery dates are on our website are estimates only and we cannot guarantee delivery on these dates.

15.5 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

15.6 We reserve the right to cancel your account if in our opinion the postal service to your address is too unreliable. 

15.7 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. 

15.8 To protect your order, on very hot days we reserve the right to delay dispatch until the temperature has cooled. 

15.9 Some deliveries, particularly (but not exclusively) those described as ‘letterbox’ are made in packages that will fit through a standard sized letterbox. Chocolate can be harmful to pets, particularly dogs. You are responsible for ensuring that deliveries are kept away from animals. We are not liable for any damage to the delivery or injury to pets caused by the delivery.   

16. Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

17. Cancellation rights

17.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of goods mentioned in 13.3 below). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. 

17.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.

17.3 You cannot cancel your contract if the goods you have ordered are made to your specifications or are clearly personalised.

17.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

17.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

17.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you.

18. Cancellation by us

18.1 We reserve the right not to process your order if:

· 18.1.1 We have insufficient stock to deliver the goods you have ordered;

· 18.1.2 We do not deliver to your area; or

· 18.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

18.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days. 

19. If there is a problem with the goods

19.1 If you have any questions or complaints about the goods please contact us. You can do so at hello@joyouschocolate.co.uk

19.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

19.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.

20. Liability

20.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. 

20.2 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

· use of, or inability to use, our site; or

· use of or reliance on any content displayed on our site. 

20.3 If you are a business user, please note that in particular, we will not be liable for:

· loss of profits, sales, business, or revenue;

· business interruption;

· loss of anticipated savings;

· loss of business opportunity, goodwill or reputation; or

· any indirect or consequential loss or damage.

20.4 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

20.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

20.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

20.7 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund. 

20.8 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

20.9 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

20.10 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

20.11 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

21. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to hello@joyouschocolate.co.uk and all notices from us to you will be displayed on our website from time to time.

22. Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible. 

23. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

24. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

25. How we may use your personal information

We will only use your personal information as set out in our privacy policy.

26. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

27. Other important terms

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolutionplatform.

CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To Joyous Chocolate, hello@joyouschocolate.co.uk

I/WE hereby give you notice that I/WE cancel MY/OUR contract for the sale of the following goods*/for the supply of the following service*:

Ordered on*/Received on*: 

Name of consumer(s):

Address of consumer(s): 

Signature of consumer(s):   (only if this form is notified on paper)

Date:  

*Delete as appropriate